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Employment Law

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I received a warning letter from my main e

I received a warning letter...

I received a warning letter from my main employer that's false. I was fired off a job that the employer's production man saying "I refused to roll up carpet on the job site". I never refused I just said I couldn't roll it by myself to their standards.

Thank you for the information, can you tell me what your legal question is? Also, were you terminated from your actual employment or was it just that you received a written warning that went into your personnel file? Also, are you saying that your union is refusing the grieve the issue for you?

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Customer reply replied 5 years ago

I don't want the letter in my file. I was terminated after 1/2 hour of a 5 hour call.

Hello again and thank you for your reply. I still don't see where you have asked a specific question, but I will assume that you are asking if you can force the employer to remove a warning from your file. There are only two ways that you might be able to have this warning removed from your file. The first, which you must do, since you work under a bargaining agreement, is to file a grievance. There is no work around that. That is the purpose of the union and the BA and if the union is refusing to file a grievance on your behalf, then you should consider speaking to a labor attorney as you would likely have a suit against the union for bad faith and violation of their fiduciary duty to you as your representative.

The only other way that this could ever be removed, which would be somewhere down the line, would be if the employer shared this information with an outside party who was not privileged, for example a prospective employer, and a court concluded that the statement was a false statement of fact that the person making it knew or should have known was false when they made it. That would be defamation of character. However, at this point, since your employer has apparently not shared this with a 3rd party outside your company or a privileged party, that cause of action is not yet ripe.

So, again, the only way to get this removed in the short term is to grieve he warning and then if you lose the grievance to follow the next steps under the BA, which would be binding arbitration.

Please let me know if you need any clarification. I would be glad to assist you further if I can.

Marsha411JD and 87 other Employment Law Specialists are ready to help you

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Customer reply replied 5 years ago

I'm 72 years old and #1 on the union's seniority list. This charge and letter against me is completely false. I have several other workers on the same job and all agreed this was not fair, and I'm innocent of all charges.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).